Appeal No. 2001-0766 Page 3
Application No. 08/483,941
(3) the Examiner=s Answer, mailed May 26, 1998;
(4) the Lupton declaration filed under the provisions of 37 CFR § 1.132,
executed November 3, 1995; and
(5) the above-cited references relied on by the examiner.
The Rejections
The appealed claims stand rejected as follows:
(1) Claims 1, 2, 6, 11, 16, 26 and 36 under 35 U.S.C. ' 103 as
unpatentable over Germann in view of Borrelli or Moolten;
(2) Claim 3 under 35 U.S.C. ' 103 as unpatentable over Germann in view
of Borrelli or Moolten, as applied to claims 1, 2, 6, 11, 16, 26 and 36, further
taken in view of Sugden; and
(3) Claims 4 and 5 under 35 U.S.C. ' 103 as unpatentable over Germann,
Borrelli or Moolten, and Sugden, as applied to claim 3, further taken in view of
Kaster and McKnight.
The examiner=s Abase rejection@ applies a combination of Germann and
Borrelli, or Germann and Moolten, to claims 1, 2, 6, 11, 16, 26 and 36.
Dependent claims 3, 4 and 5 stand rejected over the same combination of
references, with Sugden, Kaster and McKnight also applied to reach additional
limitations present in those claims. The examiner=s rationale for the Abase
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